What is Third Degree Felony?

by Kelly B.

Third Degree Felony

A very serious offense committed on a person, or her/his property is referred to as a third-degree felony. Some of the offenses included are assault and battery, pornography, abuse of an elder, arson, fraud, driving under the influence causing harm and damage to others, driving under the influence, rape, aggravated assault, murder, and manslaughter.

When someone in power takes undue advantage of a person with a disability, causing harm to her/him - the act is recorded as a heinous crime aka a third-degree felony charge. The burden of the state is to prove beyond a reasonable doubt that the individual/s that committed the crime is prosecuted. It is also the duty of the prosecution to ensure that the victim is protected at all times.

State Laws

Criminal law differs from state to state. Based on the nature of the crime can the judge award a fitting punishment. People driving under the influence may presume that they will be awarded a light sentence believing the crime to be a mere misdemeanor. Each state, however, has different rules and the individual will be tried based on the nature of the crime.

When there is an emphasis that one cannot drive in an inebriated condition, one cannot just do as one pleases and hope to get away. Judges and juries take into account the level of intoxication of the individual. Also, anyone who drives under the influence can cause serious harm to fellow passengers' as well as people on the road. Ergo, constitutes a third-degree felony charge. The sentence may be a couple of years in prison. If an individual has a stellar track record s/, he may get away with community service and no prison time.

Assault and Battery

Rape in the first, second and third degree are serious crimes. Rape charges that involve penetration in any intimate area regardless of gender are aggravated assault and rape. Gang rape, of course, is another part of the heinous crime of a third-degree felony. Every gang member involved in the charge will be tried in court. Based on the evidence provided can the judge and jury take it further to ensure that the perpetrators are locked away.

Defense strategies may work well where the alleged criminal gets away or is slapped with lighter sentences. Should the individual shows remorse, the state will take note and allow some latitude. The burden of proof lies in the hands of the prosecution to ensure that the felony charges stick. The defense also has to provide a valid strategy. Some third-degree felons get nine months to five years.

Classification of Crimes Committed and Sentencing

When a third-degree felony has been committed, the person convicted may be ordered to compensate the victim/s or the family. This is based on the discretion of the judge. Federal felonies are classified based on the crimes committed. Each state has its punishments. The classification is Class A – life sentence or death, Class B – 25 or more in prison, Class C – 10-25 years in prison. Class D – 5-10 years in prison, Class E – 1-5 years in prison. The nature of federal crimes that come under the purview of a third-degree felony charge is a forgery, fraud (bank, health care, and credit card), and embezzlement and so on and so forth.

Voluntary Manslaughter and Murder

Murder is a very heinous third-degree felony crime. It comes under the unclassified category. Based on the nature of the crime committed, the convict may be awarded a life sentence with or without parole, or the death penalty. The sentence is based on criminal history, extensive violence used, premeditated murder, voluntary manslaughter along with evidence provided of course.

In Conclusion

When a third-degree felony has been committed, can the prosecution press a serious sentence. Nevertheless, every alleged criminal is entitled to a suitable defense. At the end of the day, defense counsel will provide evidence, and the opposing counsel will press for serious punishment providing their evidence. The judge and jury look into the merits of the case and reach a decision, which is binding or can be appealed.

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